Tom Osborne on The Second Amendment

Last Updated : , 0

Voting Record

The Protection of Lawful Commerce in Arms Act

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act. The act "Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. The act passed the house in October of 2005 in roll call 534 with the support of almost all Republicans and more than 1/3 of the Democrats. Tom Osborne voted in favor of the The Protection of Lawful Commerce in Arms Act.

Tom Osborne voted in favor of the The Protection of Lawful Commerce in Arms Act.

Protection of Lawful Commerce in Arms Act

In 2003, Congress attempted to pass similar legislation as in 2005. The bill passed the House in a 285-140 vote. Tom Osborne voted in favor of the Protection of Lawful Commerce in Arms Act.

Tom Osborne voted in favor of the Protection of Lawful Commerce in Arms Act.

Amendment - Negligence

As an amendment to the 2003 Lawful commerce act, Congress sought to permit liability actions against firearms manufacturers, sellers, or trade associations for negligence. The amendment failed by a vote of 144-280. Tom Osborne voted against the amendment to permit lawsuits for negligence purposes.

Tom Osborne voted against the amendment to permit lawsuits for negligence purposes.

Amendment - Third Party

As another amendment to the 2003 Lawful Commerce Act, Congress sought to allow lawsuits to be brought against gun manufacturers and dealers for damages that are caused by the criminal misuse of that product by a third party if the firearm transferor knows or has reasonable cause to believe that the recipient is an unlawful user of or addicted to any controlled substance or has been adjudicated as a mental defective or committed to a mental institution. The amendment failed by a vote of 134-289. Tom Osborne voted against the amendment to allow a lawsuit if the seller should have known the purchaser intended to use the gun illegally.

Tom Osborne voted against the amendment to allow a lawsuit if the seller should have known the purchaser intended to use the gun illegally.

Amendment - Conviction of Transferor

As another amendment to the 2003 Lawful commerce act, Congress sought to eliminate the requirement for the conviction of a transferor before a liability action could be taken. The amemdment failed 148-278. Tom Osborne voted against eliminating the requirement that the transferor be convicted before a liability action could be taken.

Tom Osborne voted against eliminating the requirement that the transferor be convicted before a liability action could be taken.

 

Sponsored and Cosponsored Legislation

Session-108; Bill Number-H R 1036; Protection of Lawful Commerce in Arms Act - Cosponsor

To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others.

User Comments